No accessory building, basement, garage, recreational camping vehicle, or tent shall be used as a dwelling. The basement portion of a finished home or apartment may be used for normal eating and sleeping purposes, provided it is properly damp proofed, has suitable fire protection and exits, and is otherwise approved by the building official.

No activities involving the storage, utilization, or manufacturing of materials, goods, or products which could detonate by decomposition shall be permitted except as specifically licensed by the city.

1.

Purpose. It shall be the purpose of this section to provide homeowners and residential renters with the opportunity to conduct a small-scale commercial use within a home or accessory building they occupy.

2.

General provisions.

a.

Permitted use. Single-family dwellings, apartments, and private residential garages may be used for a home occupation. The use of a single-family dwelling, apartment, or private residential garage for a home occupation shall be clearly incidental and subordinate to the principal use of the residential structure.

b.

Area requirements. The area to be used for the home occupation shall not exceed one-third of the main floor area of a dwelling unit or apartment and shall not exceed one-half of the main floor area of a private residential garage.

c.

Employees. Only members of the family residing on the premises shall be engaged in the home occupation.

d.

Structural changes. Exterior changes to a structure to accommodate or promote a home occupation are not permitted.

e.

Entrances and exits. The home occupation shall use existing entrances and exits.

f.

Lighting and advertising. There shall be only one nonilluminated wall sign with a surface area not to exceed three square feet.

g.

Parking. On-street parking shall be limited to the property boundaries.

h.

Outside storage. There shall be no outside storage.

i.

Performance characteristics. Home occupations shall not adversely affect the residential character of the dwelling or neighborhood by the emission of smoke, noise, odor, water, dust, gases, refuse, heat, light, vibration, excess traffic, or electrical interference.

3.

Home occupation permit.

a.

Permit required. A home occupation permit shall be obtained prior to starting a home occupation.

b.

Application. Application for a home occupation permit shall be made to the zoning administrator on an application provided by the zoning administrator. The permit may be issued by the zoning administrator upon payment of required fee and completion of other requirements.

c.

Permit fee. The fee for a home occupation permit shall be established by the city council by resolution and changed from time to time.

4.

Review and termination.

a.

Home occupation permits shall be reviewed annually to insure compliance with the permit.

b.

A home occupation shall be terminated when either:

i.

The use has been discontinued for a period exceeding 60 consecutive days;

ii.

When the council finds violations of the conditions imposed by this section; or

iii.

When the council finds the home occupation has become a danger to the public health, safety, morals, or general welfare.

1.

Location. Any solid fuel burning device located outside of the principal building shall be subject to the same setback requirements as the principal building.

2.

Number. Only one solid fuel burning device shall be allowed per residential structure. A commercial unit located within a commercially zoned district shall be allowed one solid burning device per 10,000 square feet of main floor area. An industrial unit located within an industrially zoned district shall be allowed one solid fuel burning device per 10,000 square feet of main floor area.

3.

Fuel. Only nontreated wood and wood products or products approved by the state for burning in solid fuel burning devices shall be burned in a solid fuel burning device. All combustible material for use in solid fuel burning devices shall be in a dry and burnable condition and safely stored so as not to create a fire hazard or habitat for vermin.

4.

Chimney height and requirements. All solid fuel burning devices shall have a minimum chimney height of 18 feet. All chimneys shall be constructed in compliance with the state building code as adopted and as hereafter amended.

1.

Location. Crematories shall only be permitted in the general industrial district (I-2) as a conditional use.

2.

Proximity to residential districts. Building's housing crematories must be located at least 300 feet from any residential district.

3.

Licensure. The operator of a crematory shall be licensed by the State of Minnesota.

(Ord. No. 17, 3 ^rd Series 5-24-05)

Pursuant to authority granted by Minnesota Statutes, section 462.3593, subdivision 9, the city of Thief River Falls opts-out of the requirements of Minn. Stat. § 462.3593, which defines and regulates temporary family healthcare dwellings.

(Ord. No. 94, 3 ^rd Series 8-16-16)

1.

Purpose. It shall be the purpose of this section to permit, as an accessory use, solar energy systems, while protecting the health, safety and welfare of city residents and the property interests of adjacent and surrounding land uses through appropriate zoning and land use controls.

Definitions.

Building-integrated solar energy system. A solar energy system that is directly integrated into the building by replacing typical building materials.

Ground-mounted solar energy systems. A solar energy system that is installed directly onto the ground by means of brackets or poles.

Interconnection. When a customer-owned solar energy system is connected to or has access to the electric grid.

Roof-mounted solar energy systems. A solar energy system where the panels are mounted to a house or other building.

Solar energy system. A set of devices whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating.

Solar thermal system. A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs of the building.

2.

Permitted accessory use. Solar energy systems are allowable as an accessory use in all residential districts and as a conditional use in all other zoning districts, subject to the following requirements:

a.

Height. Roof-mounted solar energy systems shall not project beyond the peak elevation of a pitched roof and shall not project more than 10 feet above the surface of a flat roof to which they are attached. Ground-mounted solar energy systems shall not exceed 20 feet in height or the height of the principal structure, whichever is less.

b.

Location. Ground-mounted solar energy systems must be located in the rear yard only.

c.

Setbacks. Ground-mounted solar energy systems, at minimum design tilt, setback distance from property lines shall be equivalent to the setback requirements of the underlying district or as otherwise needed so as not to impair sight distance for safe access to the property or other traffic or properties in the vicinity. Roof-mounted solar energy systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted.

d.

Coverage. A roof-mounted solar energy systems surface shall not exceed the greater of one-half the footprint of the principal structure or 600 square feet, whichever is greater. Solar energy systems must have a 5 foot clearance around all edges (including the roof peak line), at minimum design tilt, to facilitate emergency responder access.

e.

Feeder lines. All power exterior electrical or other service lines must be buried below the surface of the ground.

f.

Exemption. Building integrated solar energy systems are exempt for the requirements of this section and shall be regulated as any other building element.

g.

Standards. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare.

h.

Abandonment. Any solar energy system that ceases to produce energy on a continuous basis for 6 months will be considered abandoned, unless the property owner provides substantial evidence to the community services director of the intent to maintain and reinstate the operation of that solar energy system within an acceptable designated time period. Upon abandonment of a solar energy system, the property owner must remove all components of the solar energy system and restore the real property to its condition prior to development and installation of the solar energy system. If the property owner does not remove the abandoned solar energy system within 180 days of receiving written notice from the zoning administrator, the city may remove the solar energy system, sell any removed materials and initiate judicial proceedings or take any other steps legally authorized against the responsible parties to recover the costs required to remove the solar energy system and restore the site to a non-hazardous condition. All end of life disposal of solar products must comply with the Federal Resource Conservation and Recovery Act and any state policies governing solar product waste. If an applicant has received a permit, but has not completed construction of the solar energy system within 18 months from the date of issuance of the permit, the system shall be deemed abandoned.

i.

Restoration. Upon abandonment, the property owner must ensure the site is restored to a useful, non-hazardous condition in a timely manner, including, but not limited to the following:

i.

Removal of aboveground and below ground equipment, structures and foundations.

ii.

Restoration of the surface grade and soil after removal of solar energy equipment.

iii.

Re-vegetation of restored soil areas with native seeds mixes, excluding any invasive species.

j.

Design plan. Any permit submittal shall include a site or design plan indicating the adequacy, location, arrangement, size, design and general site compatibility of the proposed solar energy system.

3.

Safety.

a.

Compliance with building code. All solar energy systems shall comply with all local and state building codes.

b.

Compliance with electrical code. All solar energy systems shall comply with the national electrical code.

c.

Compliance with state plumbing code. All solar energy systems shall comply with the Minnesota state plumbing code requirements.

d.

Certifications. Solar energy system components shall be certified by underwriters laboratories inc. and the solar rating and certification corporation. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

e.

Batteries. When solar storage batteries are included as part of a solar energy system, they must be placed in a secure container or enclosure meeting the requirements of the Minnesota state building code.

4.

Approval.

a.

Permits. The erection, alteration, improvement, reconstruction, and movement of all solar energy systems shall require a building permit from the city. Installer must be NABCEP certified. The city council shall set the solar energy system permit fee by resolution.

b.

Utility notification. All solar energy systems that will interconnect with the electric grid shall have an agreement with the local utility prior to the issuance of a building permit. Any connection with a local utility must be inspected by the local utility prior to use.

c.

Aviation. If the solar energy system is over ½ acre in size and located within 5 nautical miles of an airport, or is located within the airport zoning district, airport or FAA notification shall be provided and approval obtained.

(Ord. No. 96, 3 ^rd Series 10-4-16)